Sanskrit i Suyal - Pet it ioner v. St at e of Ut t arakhand and ot her s

Judgment

( p e r H o n ’ b l e Ju s t i ce Sr i M a n o j K u m a r Ti w a r i )

1. Pet it ioner possesses Bachelor of Science degree in Hospit alit y and Hot el Adm inist rat ion from I ndira Gandhi Nat ional Open Universit y. She applied pursuant t o an advert isem ent dat ed

29.08.2023, issued Ut t arakhand Public Service Com m ission, Haridwar, whereby applicat ions were invit ed for appoint m ent t o t he post of Managem ent Officer in t he Governm ent Est at e Depart m ent .

2. As per t he advert isem ent , a candidat e wit h Bachelor ’s degree in any subj ect from a Universit y est ablished by law, along wit h diplom a in Cat ering and Hot el Managem ent from a recognized inst it ut ion, alone was eligible. Pet it ioner ’s candidat ure was rej ect ed vide order dat ed 22.07.2024 on t he ground t hat she do not possess t he requisit e qualificat ion i.e. Diplom a Cat ering and Hot el Managem ent . Pet it ioner t hereaft er m ade a represent at ion on 29.07.2024, which was again rej ect ed vide order dat ed 17.07.2025. Thus, 1 feeling aggrieved pet it ioner has approached t his Court , seeking t he following reliefs: Issue/pass a Writ, Order, or Direction in the nature of “1) Certiorari quashing list dated 22/7/2024 (Annexure No. 5) issued by respondent no.3 and order of rejection of representation dated 17/7/2025 (Annexure No. 8) whereby the petitioner is declared ineligible for the post of Management Officer (Rajya Sampati Vibhag), and also rejection ii) Issue a Writ, Order, or Direction in the nature of Mandamus directing the Respondent to allow the petitioner to appear in the interview which is to be held on 12/8/2025.”

3. Learned counsel for pet it ioner relies upon t he Rules, known as Ut t arakhand St at e Est at e Depart m ent Group “A” and “ B” Service Rules, 2025, which were not ified on 17.03.2025. I n Rule 8 t hereof, t he academ ic qualificat ion needed for Managem ent Officer is m ent ioned and as per said rule, a candidat e who is having degree or diplom a in Hot el Managem ent and Cat ering Technology, is eligible besides Bachelor ’s degree from a Universit y recognized by Universit y Grant s Com m ission.

4. Learned counsel for t he pet it ioner subm it s t hat as per Rules, not ified on 17.03.2025, pet it ioner is eligible, t herefore, im pugned order dat ed 17.07.2025 unsust ainable.

5. Per cont ra, Ms. Menka Tripat hi, learned counsel appearing for Ut t arakhand Public Service Com m ission subm it s t hat select ion process com m enced on

04.05.2023 when vacancies were advert ised, t herefore, new rules or am ended rules cannot be m ade applicable t o ongoing select ion process. 2 6. We find subst ance in t he subm ission m ade by Ms. Menka Tripat hi, learned counsel.

7. Learned counsel for pet it ioner t hen relies upon t he j udgm ent rendered by Hon’ble Suprem e Court in t he case of Pu n e e t Sh a r m a a n d o t h e r s Vs. H i m a ch a l Pr a d e sh St a t e El e ct r i ci t y Bo a r d Li m i t e d a n d A n o t h e r , report ed in ( 2 0 2 1 ) 1 6 SCC 3 4 0 . Para 40 and 41 of t he said j udgm ent are ext ract ed below: - in addition

40. As noticed previously, the above considerations, an amendment to the rules was made on 3-6- 2020 declaring that those with higher qualifications are also entitled to apply or be considered for appointment. This to clear all doubts and amendment was brought amending controversies provisions should be deemed to have been inserted from inception. sense, and,

41. For the foregoing reasons, these batches of appeals by the degree-holders have to succeed. The respondent HPSEB is directed to process the candidature of all the applicants, including the degree-holders who participated, and depending on the relative merits, proceed to issue the final selection list of all successful candidates, after holding interviews, etc. The impugned judgment [Robin Kumar v. State of H.P., 2020 SCC OnLine HP 3397] is accordingly set aside; the appeals are allowed and the writ petition is allowed partly, in the above terms, without order on costs.”

8. Ms. Menka Tripat hi, learned counsel appearing for t he Com m ission subm it s t hat int erview for t he post of Managem ent Officer is scheduled for 12.08.2025. She subm it s t hat since rej ect ion of pet it ioner ’s candidat ure is as per set t led law as she was not having t he qualificat ion as was applicable for t he post in quest ion at t he t im e of advert isem ent , t herefore, no relief can be grant ed t o t he pet it ioner.

9. Having regard t o t he fact s and circum st ances of t he case and also in view of t he j udgm ent rendered in 3 Pu n e e t Sh a r m a ’ s ca se ( su p r a ) , we dispose of t he writ pet it ion wit h libert y t o pet it ioner t o m ake represent at ion t o t he Secret ary, Governm ent Est at e Depart m ent . I f pet it ioner m akes represent at ion wit hin 24 hours, t he Secret ary concerned shall t ake decision in t he m at t er wit hin t wo weeks t hereaft er.

10. I t shall be open t o t he pet it ioner t o subm it represent at ion t hrough e- m ail. Pet it ioner shall be provisionally perm it t ed t o appear in t he int erview; however, her result shall be declared only when favourable decision com es from t he St at e Governm ent .

11. Let a cert ified copy of t his order be issued t oday it self, as per rule. _______________________________ M A N OJ K UM A R TI W A RI , J. ____________________________ SUBH A SH UPA D H YA Y, J. Dt : 6 t h August , 2025 Mahinder MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2 B8F, cn=MAHINDER SINGH 4